Blog
Design and Architecture of the AfCFTA Investment Protocol
16 Apr 2021 ~ Gerhard Erasmus
The international legal instrument to be adopted as the AfCFTA Protocol on Investment will constitute a binding international agreement for the AU Member States that have ratified this ins...read more
The International Regulation of Investment is not a recent Phenomenon
16 Apr 2021 ~ Gerhard Erasmus
Investment matters have been on the international agenda for a long time but there is no multilateral investment treaty. Post-World War II discussions included investment issues. The propo...read more
How will the AfCFTA Investment Protocol work?
16 Apr 2021 ~ Gerhard Erasmus
International investment agreements (IIAs) are international legal instruments that address issues relevant to cross-border investments, usually for the purpose of protecting, promoting, a...read more
Regional Economic Communities and the AfCFTA Investment Protocol
16 Apr 2021 ~ Gerhard Erasmus
The legal regimes of the eight Regional Economic Communities (RECs)[1] recognised by the AfCFTA Agreement as building blocks of the African Continental Free Trade Area will not disappear w...read more
Exploring Southern Africa’s battery mineral potential
15 Apr 2021 ~ David Christianson
Almost all of the emerging green economy’s high-demand minerals are found in abundance in Southern Africa. Indeed, the region dominates both current supply and known reserves for two of ...read more
Cameroon signs an Interim Economic Partnership Agreement with the United Kingdom
15 Apr 2021 ~ Cham Etienne Bama
On the 9 March 2021 in London, the High Commissioner of Cameroon to the United Kingdom (UK) His Excellency Albert Fotabong Njoteh and the UK International Trade Minister Ranil Jayawardena ...read more
The WTO Secretariat under new Leadership
23 Mar 2021 ~ Gerhard Erasmus
On 1 March 2021, Dr Ngozi Okonjo-Iweala from Nigeria took office as the seventh Director-General (DG) of the World Trade Organization (WTO). She is the first woman and the first African to...read more
An Investment Protocol for the AfCFTA
23 Mar 2021 ~ Gerhard Erasmus
The negotiations for the adoption of the Phase II Protocols of the African Continental Free Trade Area (AfCFTA) have started. These legal instruments will cover investment, intellectual pr...read more
The Relationship between Investment and Mode Three of Trade in Services – implications for the AfCFTA negotiations
23 Mar 2021 ~ Gerhard Erasmus, Trudi Hartzenberg
The market for investors is an increasingly competitive one. Investors are better informed about conditions in host countries. Companies seeking to expand their global presence will assess...read more
Addressing a key bottleneck to broadband development in South Africa – spectrum auction falls at first hurdle
22 Mar 2021 ~ David Christianson
When the Independent Communications Authority of South Africa (Icasa) announced the spectrum auction in September 2020, it was widely hailed as a critical measure to eliminate the main bot...read more
Citrus Black Spot (CBS) after Brexit
17 Mar 2021 ~ Abrie du Plessis
Citrus black spot (CBS) is a fungal disease that affects the rind of a citrus fruit. This causes lesions but does not result in fruit decay. The causative agent is the fungal pathogen Phyl...read more
Gender-Responsiveness in Trade Agreements – how does the AfCFTA fare?
17 Mar 2021 ~ Lolita Laperle-Forget
Gender mainstreaming in free trade agreements is becoming an increasingly common practice.[1] This involves including provisions to address the specific needs of women and implementing agr...read more
How Should the AfCFTA Approach ICT Infrastructure Regulation?
17 Mar 2021 ~ John Stuart
The importance of the digital economy in the 21st Century cannot be overstated. From a means of improving information dissemination, to a vehicle for electronic commerce, to a facilitator ...read more
Blockchain-Driven Trade Technologies and the Potential Benefits for African Trade
21 Feb 2021 ~ John Stuart
Just over two years ago, tralac published a blog about the potential of blockchain (also referred to as distributed ledger technologies (DLT)) for trade in Africa[1]. This blog is an updat...read more
Trade under AfCFTA Rules started on 1 January 2021, but hard work lies ahead
10 Feb 2021 ~ Gerhard Erasmus, Trudi Hartzenberg
At its 13th Extra Ordinary Session held virtually in Johannesburg on 5 December 2020, the Assembly of the African Union (AU) announced that trade in goods under the AfCFTA will start from ...read more
Will 2021 see African Governments negotiating with External Partners?
10 Feb 2021 ~ Gerhard Erasmus
The conclusion of trade agreements between African States and third parties is an important matter. Only 16% of the goods produced in Africa are sold in Africa. This indicates that more th...read more
The AfCFTA Secretariat: Is the Action now in Accra?
10 Feb 2021 ~ Gerhard Erasmus
The Assembly of the African Union (AU) met virtually in Johannesburg on 5 December 2020 and adopted several important decisions about interim trade arrangements, the completion of the AfCF...read more
Speculating about Phase II of the AfCFTA Negotiations
10 Feb 2021 ~ Gerhard Erasmus, Trudi Hartzenberg
The negotiations to adopt the AfCFTA’s Phase II Protocols are being launched and Phase III negotiations should be concluded by 31 December 2021[1]. Phase II will cover investment, intell...read more
AfCFTA Phase II and III Negotiations – Update
10 Feb 2021 ~ Talkmore Chidede
The scope of the Agreement establishing the African Continental Free Trade Area (AfCFTA) covers trade in goods, trade in services, investment, intellectual property rights (IPRs) and compe...read more
South Africa’s implementation of the African Continental Free Trade Agreement: customs arrangements and technicalities
10 Feb 2021 ~ Willemien Viljoen
Trading under the AfCFTA was set to begin on 1 January 2021. South Africa with the rest of the Southern African Customs Union (SACU – Botswana, Eswatini, Lesotho, and Namibia) submitte...read more
Preferential trade with Mauritius: market access for the UK, China, and state parties of the AfCFTA
10 Feb 2021 ~ Willemien Viljoen
As of 1 January 2021, the Mauritian tariff book has three additional columns for preferential market access to the Mauritian market. These tariffs are for imports from the United Kingdom (...read more
Who is doing what in the fintech space in Africa?
10 Feb 2021 ~ David Christianson
Digital banking is driving Africa’s recovery
When Vodacom, Africa’s biggest mobile telephony operator (Telco) by revenue, announced late last year that it intended expanding its insur...read more
AfCFTA Parallelism and the Acquis
10 Feb 2021 ~ Gerhard Erasmus
According to the Governing Principles of the AfCFTA, the RECs’ Free Trade Areas (FTAs) are building blocks for the AfCFTA.[1] The AfCFTA shall also be governed by the preservation of the...read more
Non-tariff barriers and related dispute resolution: Is the East African Community all hat and no cattle?
25 Jan 2021 ~ Akinyi J. Eurallyah
Introduction
The East African Community (EAC) has several avenues to use to address/eliminate non-tariff barriers (NTBs) – including the East African Court of Justice. Despite this, NTB...read more
Brexit Deal concluded: Main Implications, Architecture, and Institutions
04 Jan 2021 ~ Gerhard Erasmus
On 23 June 2016, the United Kingdom (UK) voted to leave the European Union (EU). The parties then started negotiations on a Withdrawal Agreement,[1] followed by a new trade deal. Both prov...read more
Post Brexit Trade between the European Union and the United Kingdom
04 Jan 2021 ~ Gerhard Erasmus
The new EU-UK trade relationship will be very different from when the UK was a Member State. Major governance challenges lie ahead. Concluding a trade agreement is one thing, implementing ...read more
The Convention on Contracts for the International Sale of Goods: Slow ratification by African countries
04 Jan 2021 ~ Martin Gitau
The legal systems of African countries reflect their history, colonial heritages, customary and other norms. The differences are also evident in the area of international contracts of sale...read more
Customs modernisation in Africa and related challenges
22 Dec 2020 ~ Juliette Armelle Kouamo
Customs administration systems have to adapt to changes in the trading environment. The modernisation of customs administration systems is fundamental to ensure that trade continues uninte...read more
Kenya-United States FTA: From AGOA towards a bilateral Free Trade Area
11 Dec 2020 ~ Eckart Naumann
In 2018, Kenya’s president Uhuru Kenyatta paid the United States an official state visit. This lead to a Bilateral Strategic Dialogue that would meet bi-annually, followed not long after...read more
What to expect when all the AfCFTA Pieces have come together?
11 Dec 2020 ~ Gerhard Erasmus, Trudi Hartzenberg
The African Continental Free Trade Area (AfCFTA) Agreement may be in force since 30 May 2019, but this project is still work in progress. What remains outstanding? What can be expected onc...read more